MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT
Initiated Law 1 of 2018
333.27955 Lawful activities by person 21 years of age or older; terms, conditions, limitations, and restrictions; denial of custody or visitation prohibited.
Sec. 5.
1. Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4 of this act, the following acts by a person 21 years of age or older are not unlawful, are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection, and are not grounds to deny any other right or privilege:
(a) except as permitted by subdivision (b), possessing, using or consuming, internally possessing, purchasing, transporting, or processing 2.5 ounces or less of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate;
(b) within the person's residence, possessing, storing, and processing not more than 10 ounces of marihuana and any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once;
(c) assisting another person who is 21 years of age or older in any of the acts described in this section; and
(d) giving away or otherwise transferring without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public.
2. Notwithstanding any other law or provision of this act, except as otherwise provided in section 4 of this act, the use, manufacture, possession, and purchase of marihuana accessories by a person 21 years of age or older and the distribution or sale of marihuana accessories to a person 21 years of age or older is authorized, is not unlawful, is not an offense, is not grounds for seizing or forfeiting property, is not grounds for arrest, prosecution, or penalty in any manner, and is not grounds to deny any other right or privilege.
3. A person shall not be denied custody of or visitation with a minor for conduct that is permitted by this act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.
History: 2018, Initiated Law 1, Eff. Dec. 6, 2018
Compiler's Notes:
This new act was proposed by initiative petition pursuant to Const. 1963, art 2, section 9. The proposed language was certified to the legislature on April 26, 2018 with the 40-day consideration period lapsing on June 5, 2018. The initiative petition was submitted to the voters as proposal 18-1 at the November 6, 2018 general election where it was approved 2,356,422 for and 1,859,675 against.
For the transfer of powers and duties of the department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the bureau of marijuana regulation, see E.R.O. No. 2019-2, compiled at MCL 333.27001.
For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.
Notes of Decisions
United States v. Dante Whitley, 34 F.4th 522 (6th Cir. 2022).
· cites it 2× “” Mich. Comp. Laws § 333.27955 (1)(a). But the MRTMA does not go so far as to legalize the distribution or trafficking of marijuana for remuneration.”
20221215_C362073_34_362073.Opn.Pdf (Mich. Ct. App. 2022).
· cites it 6× “26424(d), along with MCL 333.27955(3), which is a provision in the Michigan Regulation and Taxation of Marijuana Act (MRTMA), MCL 333.”
People of Michigan v. Travon Dontrell Terry-Outlaw (Mich. Ct. App. 2023).
· cites it 6× “27954], a person who possesses more than twice the amount of marihuana allowed by section 5 [MCL 333.27955], cultivates more than twice the amount of marihuana allowed by section 5, or delivers without receiving any remuneration to a person who is at least 21 years of age more…”
20230221_C360123_53_360123.Opn.Pdf (Mich. Ct. App. 2023).
· cites it 5× “DISCUSSION Respondent argues that the trial court violated MCL 333.27955 by terminating her parental rights on the basis of her marijuana usage.”
People of Michigan v. Julia Kathleen Soto (Mich. Ct. App. 2024).
· cites it 5× “In this case, we revisit the MRTMA and Article 7 of the Public Health Code to consider which provides the framework for prosecuting possession with intent to deliver more than twice the amount of marijuana allowed by MCL 333.27955. We conclude that the MRTMA does not prevent a…”
C People of Michigan v. Shaaln M Kejbou (Mich. Ct. App. 2023).
· cites it 3× “Looking further at the MRTMA, MCL 333.27955 specifies the lawful activities that a person over 21 years old may do that are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for…”
People of Michigan v. Douglas Lavon Williams Jr (Mich. Ct. App. 2025).
· cites it 3× “Consequently, we conclude that the MRTMA does not supersede Article 7 of the Public Health Code with regard to the felony prosecution of persons who possess with the intent to deliver more than twice the amount of marijuana allowed by MCL 333.27955. The Soto Court addressed the…”
People of Michigan v. Madison Danielle Perry (Mich. Ct. App. 2021).
· cites it 2× “]” MCL 333.27955(1)(a). MCL 333.27965(3) addresses the treatment of persons under the age of 21, such as defendant, with respect to marijuana-related activities, providing, in relevant part, as follows: A person who commits any of the following acts, and is not otherwise…”
People of Michigan v. Madison Danielle Perry (Mich. Ct. App. 2021).
· cites it 2× “]” MCL 333.27955(1)(a). MCL 333.27965(3) addresses the treatment of persons under the age of 21, such as defendant, with respect to marijuana-related activities, providing, in relevant part, as follows: A person who commits any of the following acts, and is not otherwise…”
In Re K D Mitchell Minor (Mich. Ct. App. 2022).
· cites it 2× “” MCL 333.27955(3). The Michigan Medical Marijuana Act (MMMA) contains a similarly-worded provision.”
In Re N R Fisher Minor (Mich. Ct. App. 2022).
· cites it 2× “MCL 333.27955(3) provides: A person shall not be denied custody of or visitation with a minor for conduct that is permitted by this act, unless the person’s behavior is such that it -3- creates an unreasonable danger to the minor that can be clearly articulated and substantiated.”
— Mich. Comp. Laws § 333.27955(1) — 6 cases
20230221_C360123_53_360123.Opn.Pdf (Mich. Ct. App. 2023).
“DISCUSSION Respondent argues that the trial court violated MCL 333.27955 by terminating her parental rights on the basis of her marijuana usage.”
People of Michigan v. Travon Dontrell Terry-Outlaw (Mich. Ct. App. 2023).
“27954], a person who possesses more than twice the amount of marihuana allowed by section 5 [MCL 333.27955], cultivates more than twice the amount of marihuana allowed by section 5, or delivers without receiving any remuneration to a person who is at least 21 years of age more…”
— Mich. Comp. Laws § 333.27955(1)(a) — 7 cases
People of Michigan v. Madison Danielle Perry (Mich. Ct. App. 2021).
“]” MCL 333.27955(1)(a). MCL 333.27965(3) addresses the treatment of persons under the age of 21, such as defendant, with respect to marijuana-related activities, providing, in relevant part, as follows: A person who commits any of the following acts, and is not otherwise…”
People of Michigan v. Madison Danielle Perry (Mich. Ct. App. 2021).
“]” MCL 333.27955(1)(a). MCL 333.27965(3) addresses the treatment of persons under the age of 21, such as defendant, with respect to marijuana-related activities, providing, in relevant part, as follows: A person who commits any of the following acts, and is not otherwise…”
People of Michigan v. Travon Dontrell Terry-Outlaw (Mich. Ct. App. 2023).
“27954], a person who possesses more than twice the amount of marihuana allowed by section 5 [MCL 333.27955], cultivates more than twice the amount of marihuana allowed by section 5, or delivers without receiving any remuneration to a person who is at least 21 years of age more…”
— Mich. Comp. Laws § 333.27955(1)(b) — 3 cases
People of Michigan v. Julia Kathleen Soto (Mich. Ct. App. 2024).
“In this case, we revisit the MRTMA and Article 7 of the Public Health Code to consider which provides the framework for prosecuting possession with intent to deliver more than twice the amount of marijuana allowed by MCL 333.27955. We conclude that the MRTMA does not prevent a…”
People of Michigan v. Douglas Lavon Williams Jr (Mich. Ct. App. 2025).
“Consequently, we conclude that the MRTMA does not supersede Article 7 of the Public Health Code with regard to the felony prosecution of persons who possess with the intent to deliver more than twice the amount of marijuana allowed by MCL 333.27955. The Soto Court addressed the…”
— Mich. Comp. Laws § 333.27955(1)(d) — 1 case
People of Michigan v. Travon Dontrell Terry-Outlaw (Mich. Ct. App. 2023).
“27954], a person who possesses more than twice the amount of marihuana allowed by section 5 [MCL 333.27955], cultivates more than twice the amount of marihuana allowed by section 5, or delivers without receiving any remuneration to a person who is at least 21 years of age more…”
— Mich. Comp. Laws § 333.27955(3) — 12 cases
20221215_C362073_34_362073.Opn.Pdf (Mich. Ct. App. 2022).
“26424(d), along with MCL 333.27955(3), which is a provision in the Michigan Regulation and Taxation of Marijuana Act (MRTMA), MCL 333.”
In Re K D Mitchell Minor (Mich. Ct. App. 2022).
“” MCL 333.27955(3). The Michigan Medical Marijuana Act (MMMA) contains a similarly-worded provision.”
In Re N R Fisher Minor (Mich. Ct. App. 2022).
“MCL 333.27955(3) provides: A person shall not be denied custody of or visitation with a minor for conduct that is permitted by this act, unless the person’s behavior is such that it -3- creates an unreasonable danger to the minor that can be clearly articulated and substantiated.”
— Mich. Comp. Laws § 333.27955(a) — 1 case
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